Panneerselvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1.Panneerselvam 2.Baskaran ... Petitioners/Accused Nos.1 & 2 Vs The Inspector of Police, Thirukkattupalli Police Station, Thanjavur District.
Crime No.90 of 2024.
... Respondent/Complainant For Petitioner : Mr.M.Sankar,Advocate.
For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.90 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/accused Nos.1 and 2, who were arrested and remanded to 1/5
judicial custody on 14.02.2024 for the alleged offence punishable under Section 379 of I.P.C r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.90 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners were found in illegal transportation of 1⁄4 unit of river sand each using bullock cart. Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 14.02.2024. However, on instruction, he would further submit that the petitioners, without prejudice to their rights, are ready to deposit a sum of Rs.10,000/- each to the High Court Environmental Committee and hence, they pray for bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police strongly opposed to grant bail stating that the petitioners had transported 1⁄4 unit of river sand each illegally.
5. Considering the facts and circumstances of the case and also considering the amount the sand involved, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on his executing a 2/5
bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, and on further conditions that: (a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) as per the undertaking given by the petitioners, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; (c) the petitioners are directed to appear before the respondent Police daily at 10.30 a.m., until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
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(e)the petitioners shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/02/2024 / TRUE COPY / 27/02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE THIRUKKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.
THE OFFICER INCHARGE SUB JAIL, THANJAVUR.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE SECTION OFFICER,(ENVIRONMENTAL COMMITTEE) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3041 of 2024 Date :27/02/2024 PKP/27.02.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5